FILE - In this Jan. 10, 2016, file photo, Cincinnati Bengals' Vontaze Burfict (55), right, runs into Pittsburgh Steelers' Antonio Brown (84) during the second half of an NFL wild-card playoff football game in Cincinnati. Burfict was called for a penalty on the play. The Steelers have ruled out All-Pro wide receiver Antonio Brown from Sunday's AFC divisional playoff game against Denver while he recovers from a concussion. Brown left last weekend's wild-card win over Cincinnati after taking a shot to the head from Bengals linebacker Vontaze Burfict. (AP Photo/John Minchillo, File)

PHILADELPHIA (AP) – A last-minute appeal in the NFL concussion case sends the proposed settlement to the U.S. Supreme Court and delays payouts for at least several months.

The family of the late Buffalo Bills fullback Carlton “Cookie” Gilchrist wants the high court to revisit the debate over the brain injury known as chronic traumatic encephalopathy, or CTE.

The appeal, filed Monday by son Scott Gilchrist, calls it “irrational” that a federal judge in Philadelphia excluded future payouts for CTE from the potential $1 billion settlement, though the science continues to develop.

Other plaintiffs have gotten extra time to appeal.

The lead negotiators complain their injured clients need help now. The settlement covers more than 21,000 NFL retirees and awards several million dollars for some with Alzheimer’s disease and other neurological disorders.